Robbery • Trial Court’s Refusal to Apply Deadly Weapon Used Enhancement or Sentence Within Guidelines • Incarceration in County Correctional Facility • Failure to Transfer to Juvenile Court

Commonwealth v. Shull, PICS Case No. 16-1158 (Pa. Super. Sept. 13, 2016) Stevens, J. (53 pages).

The trial court erred in sentencing outside the guideline range where it failed to apply the deadly weapon used enhancement where defendant “used” the weapon by holding it in front of victim, causing her fear for her safety to increase. Judgment of sentence vacated, case remanded for resentencing.